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Woolsack 1965 Volume 2 Number 4, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

ASB Elections – Lerg Wing

School Inspection

Open letter by Sheriff Pitchess, L.A.

USD More Honors

Graduation Dance

New Faculty Named

Editorial: Criticism

Letters to Editor

SBA President Message by George Lerg

Law Review Wins Honors

Partnership and Marriage by Harry McCue

Recent Cases: Policeman’s Immunity

PAD Hosts District Conclave

Phi Delta Phi Holds Rites

Electives Announced

ALSA News

The “Unholy Five” Win Again

DA & USD Sponsor Seminar

Shoplifting and the Big Heart

Pierre Plunks

Dean Returns

Secrecy Upheld

Lawyer Reference Service

Student Bar Picnic

Dicta

Woolsack 1965 Volume 2 Number 3, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

The Adoption Dilemma by Gordon Thompson esq.

Dean Named to Post

Witkin Speaks

Editorial: Two Wrong Never Make a Right

Respect and All That Jazz

SBA President Message by Bill Blank

Student Bar Luncheon

IBM & The Law

Frat Elections

Recent Cases: The Courteous Victim

U.S.D. Mangles Cal Western

The University Shield

Case Lost by Ex-dancer

Dicta

Woolsack 1965 Volume 2 Number 2, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

U.S.D. Grants for JD Degrees

Common Law Ramble by W.J. Miller Barrister-at-law

The Law Fraternities:

Phi Alpha Delta by Ed Krug

Phi Delta Phi by Jim Boone

Law Wives’ Club

Law Student at U.S.D. Gets Scholarship

Law School Vistas by Dean Joseph Sinclitico

Open to Discussion by Prof. Richard S. Kelley

SBA President Message by Bill Blank

USD Hosts ALSA Conference by Ed Reading

CEB Meeting Held

Federal Procedure: Proposed Solutions To The Problem Of Proliferation Of Petitions For The Writ Of Habeas Corpus And 28 U.S.C. 2255 Proceedings In The Federal Courts, David Pitkin, Ray Shollenbarger

San Diego Law Review

The Writ of Habeas Corpus is a limit on arbitrary government. The proliferation of this writ has created a problem in the federal courts. The proliferation problem is due to the application of the Bill of Rights to the states through the Fourteenth Amendment, the changes in procedural rules involving hearing habeas petitions, and the fact that the doctrine of res judicata does not apply to habeas proceedings. Two U.S. Supreme Court cases dealt the final blow to this proliferation problem by requiring evidentiary hearings when a substantive constitutional question or § 2255 was presented. This Article proposes possible solutions …

Civil Liability To Stockholders Under The Securities Act Of 1933 And Remedy By Class Action, Jacob Green

San Diego Law Review

Remedies under the Securities Act of 1933, together with the class action device, are the most effective private remedies available to stockholders. This article examines civil liability under section 11 for false statements or omissions of material facts in registration statements, section 12(1) for offering to sell or selling securities in interstate commerce before filing a registration statement, and section 12(2) for selling securities using interstate facilities using false statements or omission of material facts. Class actions under the Securities Act must be brought as common questions of law or fact where common relief is sought, in which it is …

Corporations - Personal Jurisdiction Over Foreign Corporations - In Transistory Actions, Arising Outside The State, California May Exercise Personal Jurisdiction Over A Nevada Corporation Which Is The Alter Ego Of A California Corporation. Brunzell Construction Co. V. Harrab's Club (Cal. App. 1964), Alonzo K. Wood Iii

San Diego Law Review

This recent case discusses Brunzell Construction Co. v. Harrab's Club (Cal. App. 1964)

Evidence - Hearsay Statement In The Nature Of A Declaration Against A Penal Interest Admissible In Evidence Even Though The Unavailability Of The Dedarant Is Not Established. People V. Spriggs (Cal. 1964), Robert E. Madruga

San Diego Law Review

This recent case discusses People v. Spriggs (Cal. 1964)

Negligence-Stolen Vehicles - The Owner Of A Vehicle Parked By Employees Who Left The Keys In The Ignition Held Liable For Injuries To Third Parties Resulting From The Motoring Activities Of A Thief. Hergenrether V. East (Cal. 1964), Thomas J. Whelan

San Diego Law Review

This recent case discusses Hergenrether v. East (Cal. 1964)

Pitfalls Of Estate Planning Revisited, Samuel D. Thurman

San Diego Law Review

This Article is an address delivered by Dean Thurman to the members of the San Diego County Bar Association who were guests of the First National Bank of San Diego on May 14, 1964. Dean Thurman had been the guest speaker at a similar gathering some ten years prior, shortly after the passage of the 1954 Internal Revenue Code. Dean Thurman outlines a few of the pitfalls encountered in estate planning under the 1954 Internal Revenue Code, as amended to the date of the address, with particular emphasis on changes brought about by the court decisions and Regulations promulgated since …

V.2, 1965 Masthead

San Diego Law Review

No abstract provided.

The Seaman's Personal Injury Action And The Jury Trial, Fred Kunzel

San Diego Law Review

An injured seaman has the availability of a judicially created maritime cause of action for maintenance and cure, or for unseaworthiness, or a cause of action under the Merchant Marine Act (a.k.a. the Jones Act). This article looks at jurisdictional and jury trial issues involving suits by injured seaman. The injured seaman's right to a jury trial differs depending on whether admiralty jurisdiction or jurisdiction in an action at law is invoked in cases where a maritime cause of action for maintenance and cure, or for unseaworthiness, is joined with a cause of action under the Jones Act. In an …

Preventive Law: The California Rehabilitation Center, Roland W. Wood

San Diego Law Review

In 1961, California launched a program to control and treat narcotics addicts. This Article reviews the legislation authorizing the program and the commitment procedures, discusses the inpatient/outpatient treatment flowing from such commitment, and analyzes the progress since the program's initiation. This article also looks at research programs conducted by the California Rehabilitation Center concerning the physiological, psychiatric, psychological, and sociological aspects of narcotics addition, and focuses on the attitudes of the patients. The first phase of rehabilitation, the institutional treatment, or "inpatient" treatment, focuses on therapy. The second phase of rehabilitation, the adjustment to community living, or "outpatient" treatment, focuses …

Double Jeopardy V. Double Punishment--Confusion In California, Michael J. Bruce

San Diego Law Review

This Article proposes to clarify this area of criminal practice. California Penal Code § 1023, prohibiting multiple prosecutions, and California Penal Code § 654, prohibiting multiple punishment for the same act or omission, are often misapplied by the California criminal courts. California Penal Code § 1023 sets down two tests to determine whether jeopardy has attached: the "identity of the offense" test and the "necessarily included offense" test. California Penal Code § 654 proscribes double punishment using concurrent sentencing, and prevents double jeopardy using not only the "necessarily included offense" test from § 1023, but also a broader "indivisible transaction" …

Adoption - Where The Mother Of An Illegitimate Child Refuses To Permit The Natural Father To Legitimate The Child He Has The Right Of "First Refusal" And His Consent To The Adoption Of The Child By Strangers Is Unnecessary; The Mother's Consent Is Sufficient Relinquishment To Authorize The Court To Enter A Decree Of Adoption. In The Matter Of Adoption Of Irby (Cal. App. 1964), Edward J. Leavitt

San Diego Law Review

This recent case discusses In the Matter of Adoption of Irby, (Cal. App. 1964).

Negligence - Architect's Liability-An Invitee May Seek Damages From An Architect For Injuries Due To A Construction Defect Patent To The Owner Of The Premises After The Owner Has Accepted The Work. Montijo V. Swift (Cal. App. 1963), Wesley H. Harris

San Diego Law Review

This recent case discusses Montijo v. Swift (Cal. App. 1963)

Criminal Law - Robbery - One Who Uses Bare Fists In The Commission Of A Robbery Is Not Armed With A Dangerous Or Deadly Weapon Within The Meaning Of California Penal Code Section 211a; First Degree Robbery Conviction Reduced To Second Degree. People V. Dozie (Cal. App. 1964), Paul C. Mcewen Jr.

San Diego Law Review

This recent case discusses People v. Dozie (Cal. App. 1964)

Searches And Seizures - Information Supplied By An Anonymous Informer Must Be Corroborated By Establishing That The Law Is Being Violated To Constitute A Basis For Probable Cause To Search Or Arrest Without'a Warrant: Verification Of Other Information Is Insufficient Corroboration. People V. Reeves (Cal. 1964), Armando L. Odorico

San Diego Law Review

This recent case discusses People v. Reeves (Cal. 1964)

Products Liability - Strict Liability In Tort - Both The Manufacturer And The Retailer Are Strictly Liable In Tort For Personal Injuries Caused By A Defect In A Product Marketed With The Knowledge That It Is To Be Used Without Inspection For Defects. Vandermark V. Ford Motor Co. (Cal. 1964), Edward V. Brennan

San Diego Law Review

This recent case discusses Vandermark v. Ford Motor Co. (Cal. 1964)

The Contempt Power. By Ronald L. Goldfarb, Russell L. Johnson

San Diego Law Review

Although the contempt power is frequently discussed in terms of its technical procedural and legal implications, its fundamental interest both to lawyers and laymen is that it has been the vehicle for deciding a variety of dramatic and significant social problems. In many cases these problems involve a conflict between one constitutional right and another and in some, a conflict between competing economic interests. In any event, these conflicts bear heavily on any consideration of the contempt power.

Books Received

San Diego Law Review

No abstract provided.

The Supreme Court And Public Prayer: The Need For Restrant. By Charles E. Rice., J. Mark Rhoads

San Diego Law Review

Results from the school prayer decisions are but a portion of the analysis given by the author. His attitude is unequivocal: "The school prayer decisions, handed down by the Supreme Court of the United States in 1962 and 1963, were wrongly decided." Therefore, his analysis is argument. Considering the burden, it is borne well.

Seizure Of Private Papers Pursuant To A Search Warrant: With Specific Application To Federal And California Bookmaking Prosecutions, Dennis G. Adams

San Diego Law Review

The federal exclusionary rule excludes evidence obtained by an illegal search and seizure. Recent U.S. Supreme Court decisions, such as Mapp v. Ohio and Malloy v. Hogan, have made the federal exclusionary rule and the Fifth Amendment's privilege against self-incrimination applicable to the states. Because this type of evidence usually forms the basis of bookmaking convictions, this article discusses whether such evidence can still be constitutionally seized in California. The author concludes that these Supreme Court cases have rendered California Penal Code § 1524, governing property validly seizable under a search warrant, unconstitutional.

Gideon's Trumpet. By Anthony Lewis., John M. Junker

San Diego Law Review

Gideon’s Trumpet is a study in depth of the case of Gideon v. Wainwright, 372 U.S. 335 (1963), in which the United States Supreme Court held that an indigent defendant in a state criminal prosecution has an unqualified right to the appointment of counsel. Holmes, The Common Law 78 (1881).

Errata Sheet For San Diego Law Review Volume Ii

San Diego Law Review

No abstract provided.